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  • Questions re CS and University

    STBX and I have great relationship.

    He has proposed new method of computed CS based on actuals. It departs from the published FCSG. He has invested a lot of effort in it.
    He is a CA who is at times a bit compulsive, so I trust his accuracy and assumptions.
    He makes more than me, so our income ratio split becomes 56/44.

    Some questions re CS for children in university.

    The new amounts result in lower CS numbers overall - "suprisingly"
    One kid lives with him and one with me when not in university so we have split custody.
    The net to me is about 200 / month.

    We are of course splitting the tuition, books, res, sundries using our ratios.

    He will not pay CS when child is in residence even though I have a bedroom and pay more costs than the room.
    e.g: I just spend about 1000 on bedding some new clothes, groceries, a fridge. The STBX says that this is covered by the CS (even though this is about 200 / month net).
    1) Shouldnt this be a section 7 expense?
    2) Should the CS be zero when the kid is away?
    3) Is an innovative new method for computing CS (one that departs from the published FCSG) OK? He has threatened to go to court to ask a judge to enforce this new CS computation. What would happen to him if he did this. Its not worth the cost to fight it, but I am curious.

    (PLEASE NO RANTERS WHO WANT TO TALK ABOUT KIDS PAYING THEIR OWN WAY!!!)

  • #2
    GO to Canlii and type in post secondary expenses. You will get a list of cases that give various options.

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    • #3
      I have seen cases where CS is reduced to 50% to account for keeping the room at the custodial home for the holidays/summer. I have also seen CS at 0% with all costs then shared proportionally. This is usually done when ALL kids are independent except the last one in University. As previous poster said, read and learn from Canlii, re-read SSAG guides then have a chat with your lawyer. Good luck!!

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      • #4
        e.g: I just spend about 1000 on bedding some new clothes, groceries, a fridge. The STBX says that this is covered by the CS (even though this is about 200 / month net).
        I'd agree with your ex. Not section 7. Clothing and food are covered by CS. A fridge is nice, but not a necessity. Ditto bedding.

        Should the CS be zero when the kid is away?
        Sometimes...usually no. Typically it continues.

        Is an innovative new method for computing CS (one that departs from the published FCSG) OK? He has threatened to go to court to ask a judge to enforce this new CS computation. What would happen to him if he did this. Its not worth the cost to fight it, but I am curious.
        You have status quo using the table guidelines? He'd have to show reason why departing from status quo is in the child's best interests. How much of a difference are we talking about here?

        The biggest issue with actuals is how to account for expenses, and how to resolve dispute on what expenses are legitimate and which are padded. As a CA, he'd know how to play the numbers. The FCSG already take into account things like taxes/deductions/etc in their calculations. Or at least they supposedly do. Hence the reason why they are the standard.

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